36612 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

U.S.C. 971 et seq.), amended the

regulations found at 50 CFR Part 285

governing the harvest of BFT by persons

and vessels subject to U.S. jurisdiction

to prohibit the use of spotter aircraft in

assisting BFT vessels in other than the

Harpoon and Purse Seine categories (62

FR 38485, July 18, 1997).

In response to a lawsuit filed by the

Atlantic Fish Spotters Association, the

Court, on June 10, 1998, overturned the

prohibition on the use of spotter aircraft

in assisting BFT vessels in other than

the Harpoon and Purse Seine categories,

as codified in 50 CFR Part 285.

Therefore, consistent with the judicial

order, spotter aircraft may now assist

vessels in all categories, and the

prohibition at 50 CFR Part 285 is

rescinded.

Classification

This action is not significant for

purposes of review under E.O. 12866.

The Assistant Administrator for

Fisheries finds good cause under 5

U.S.C. 553(b)(B) to waive the

requirement to provide prior notice and

an opportunity for public comment as

such procedures are unnecessary. This

rule, which rescinds an existing rule, is

being issued pursuant to a court order

invalidating the existing rule. NMFS has

no discretion to consider alternatives to

the issuance of this rule implementing

the order. As such, prior notice and an

opportunity for public comment are

unnecessary because NMFS has no

authority to alter the provisions of this

rule. Because this action relieves a

restriction, under 5 U.S.C. 553(d)(1), it

is not subject to a delay in effective date.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: June 30, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 285 is amended

to read as follows:

PART 285—ATLANTIC TUNA

FISHERIES

1. The authority citation for part 285

continues to read as follows:

Authority: 16 U.S.C. 971 et seq.

§ 285.31 [Amended]

2. In § 285.31, paragraph (a)(40) is

removed.

§ 285.33 [Amended]

3. In § 285.33, paragraph (b) is

removed and reserved.

[FR Doc. 98–17938 Filed 7–1–98; 3:39 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 971229312–7312–01; I.D.

062698A]

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Trip Limit

Changes

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Fishing restrictions; request for

comments.

SUMMARY: NMFS announces changes to

the trip limits to the Pacific Coast

groundfish limited entry fishery for the

Sebastes complex south of Cape

Mendocino, to the coastwide open

access fisheries for widow rockfish,

canary rockfish, the Sebastes complex,

and lingcod, and to the open access

nontrawl sablefish fishery north of

36°00’ N. lat. In addition, closure of the

open access fishery for lingcod is

announced for August 1, 1998. Trip

limits for the Washington Coastal Treaty

tribes for canary rockfish and lingcod

also are announced. These actions,

which are authorized by the Pacific

Coast Groundfish Fishery Management

Plan (FMP), are intended to keep

landings within the 1998 harvest

guidelines (HGs) and allocations for

these species.

DATES: Effective 0001 hours local time

(l.t.) July 1, 1998, except the change to

the trip limit for the Sebastes complex

for limited entry trawl vessels in the

‘‘B’’ platoon becomes effective at 0001

hours l.t. July 16, 1998, and closure of

the open access lingcod fishery occurs

at 0001 hours on August 1, 1998. These

changes remain in effect, unless

modified, superceded or rescinded,

until the effective date of the 1999

annual specifications and management

measures for the Pacific Coast

groundfish fishery, which will be

published in the Federal Register.

Comments will be accepted through July

22, 1998.

ADDRESSES: Submit comments to

William Stelle, Jr., Administrator,

Northwest Region (Regional

Administrator), NMFS, 7600 Sand Point

Way NE., Bldg. 1, Seattle WA 98115–

0070; or William Hogarth,

Administrator, Southwest Region,

NMFS, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802–4213.

FOR FURTHER INFORMATION CONTACT: Bill

Robinson, Northwest Region, NMFS,

206–526–6140; or Svein Fougner,

Southwest Region, NMFS, 526–980–

4040.

SUPPLEMENTARY INFORMATION: The

following changes to current

management measures were

recommended by the Pacific Fishery

Management Council (Council) at its

June 23–26, 1998, meeting in Seattle,

WA, in consultation with the States of

Washington, Oregon, and California.

Limited Entry Fishery

The Sebastes complex means all

rockfish managed by the FMP except

Pacific ocean perch, widow rockfish,

shortbelly rockfish, and shortspine and

longspine thornyheads.

Currently the Sebastes complex is

managed with 2-month cumulative trip

limits: 40,000 lb (18,144 kg) north of

Cape Mendocino and 150,000 lb (68,039

kg) south of Cape Mendocino. Within

the cumulative limits for the Sebastes

complex, no more than 13,000 lb (5897

kg) may be yellowtail rockfish north of

Cape Mendocino, no more than 2,000 lb

(907 kg) may be bocaccio south of Cape

Mendocino, and no more than 15,000 lb

(6,804 kg) may be canary rockfish

coastwide.

The best available information at the

June Council meeting indicated that the

4,677 mt limited entry allocation for the

Sebastes complex in the EurekaMonterey-Conception area would be

reached between August 27 and

September 18, 1998, if the rate of

landings is not curtailed. The Council

recommended that the current 2-month

cumulative trip limit of 150,000 lb

(68,039 kg) south of Cape Mendocino be

reduced to 40,000 lb (18,144 kg), the

same as north of Cape Mendocino,

which makes one, consistent coastwide

limit for the complex. The limited entry

limits for yellowtail rockfish, bocaccio,

and canary rockfish are not changed.

Open Access Fishery

Widow rockfish. Currently, the open

access fishery for widow rockfish is

managed by a 1-month cumulative trip

limit of 15,000 lb (6,804 kg), which is

half the limited entry 2-month

cumulative limit. The best available

information at the June Council meeting

indicated that the 158–mt open access

allocation would be reached between

August 2, 1998, and November 9, 1998,
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36613

if the rate of landings is not slowed. The

Council, therefore, recommended an

immediate reduction of the cumulative

1-month trip limit to 3,000 lb (1,361 kg)

to extend the fishery as long as possible

during the year. Washington Coastal

Treaty tribes will implement the same

limit for their fisheries.

Canary rockfish. Canary rockfish is a

component of the Sebastes complex.

Currently, the open access fishery for

canary rockfish is managed by a 1-

month cumulative trip limit of 7,500 lb

(3,402 kg), which is half the limited

entry 2-month cumulative limit. The

best available information at the June

Council meeting indicated that the 90

mt open access allocation would be

reached by July 6, 1998, if the rate of

landings is not slowed. Because canary

rockfish are unavoidable in other

fisheries, the Council recommended a 1-

month cumulative trip limit of 200 lb

(91 kg) to accommodate minor amounts

of unavoidable incidental catch. The

harvest guideline may be exceeded by a

slight amount, but a complete closure is

not recommended because most

incidentally-caught canary rockfish are

not expected to survive if returned to

sea.

The trip limit for Washington Coastal

Treaty tribes will be 300 lb (136 kg) ‘‘per

trip’’ for canary rockfish taken in their

tribal longline fisheries, which is

expected to result in a harvest of about

5–7 mt, consistent with tribal landings

in recent years.

Sebastes complex/rockfish limits. The

Council recommended that the overall,

40,000 lb (18,144 kg) monthly

cumulative trip limit for all rockfish in

the open access fishery be removed, and

replaced with a 33,000 lb (14,969 kg)

monthly cumulative trip limit for the

Sebastes complex. In doing so, the open

access fishery is constrained adequately

by limits on the major rockfish

components (3,000 lb (1,361 kg) for

widow rockfish, 4,000 lb (1,814 kg) for

Pacific ocean perch (POP), and 33,000 lb

(14,969 kg) for the Sebastes complex)

that add up to 40,000 lb (18,144 kg) per

month. This is intended to simplify

complicated regulations, and to

discourage additional effort on species

that are fully utilized.

Lingcod. Currently the open access

fishery for lingcod is managed with a 2-

month cumulative trip limit of 1,000 lb

(454 kg); all lingcod must be larger than

24 inches (61 cm) total length. (The

preamble to the annual management

measures at 63 FR 419 (January 6, 1998)

stated that the 24–inch (61 cm) total

length size limit applied to all

commercial and recreational lingcod,

but this was inadvertently deleted in the

open access trip limit. This document

confirms that the 24–inch (61 cm) size

limit was intended to apply to the open

access fishery as well.) The 60:40

percent limits that apply in the limited

entry fishery do not apply to lingcod

caught in the open access fishery. The

best available information at the June

Council meeting indicated that the 76

mt open access allocation for lingcod

would be reached by July 18 through

August 1, 1998, if the rate of landings

is not slowed. The Council

recommended that the open access

fishery for lingcod be slowed

significantly by implementing a 250 lb

(113 kg) cumulative monthly trip limit,

for the month of July only, followed by

complete closure for all open access

gears starting on August 1, 1998. This

enables the lingcod open access

allocation to be achieved but not

exceeded, while providing the industry

with adequate notice of the pending

closure. The 250 lb (113 kg) monthly

trip limit is implemented immediately

because even the current limit of 1,000

lb (454 kg) per 2 months could easily be

taken if the closure were not

implemented at the beginning of the

next 2-month cumulative period on July

1. Survivability of released lingcod

appears to be high.

The trip limit for Washington Coastal

Treaty tribes will be 300 lb (136 kg) ‘‘per

trip’’ for lingcod taken in their tribal

fisheries, which is expected to result in

harvest of about 1 mt, consistent with

tribal landings in recent years.

Nontrawl sablefish. Currently the

open access, nontrawl fishery for

sablefish is managed with a 300 lb (136

kg) daily trip limit, which counts

toward a 700 lb (318 kg) cumulative

limit per 2-month period. The non-trawl

fishery includes hook-and-line, pot,

setnet, and trammel nets. (The 60:40

percent limits that apply in the limited

entry trawl fishery do not apply to

nontrawl sablefish in the open access

fishery.) The best available information

at the June Council meeting indicated

that the 278 mt open access allocation

for sablefish north of 36°00’ N. lat.

would not be reached. The Council

recommended that the 2-month

cumulative open access limit be

increased to 1,800 lb (816 kg), the same

as currently in effect for the limited

entry nontrawl sablefish fishery north of

36°00’ N. lat., with the intent that the

open access allocation will be achieved

in 1998.

NMFS Action

For the reasons stated above, NMFS

concurs with the Council’s

recommendations and announces the

following changes to the 1998 annual

management measures (63 FR 419,

January 6, 1998, as amended).

1. In Section IV., under B. Limited

Entry Fishery, paragraphs (2)(b) and

(2)(c) are revised to read as follows:

B. Limited Entry Fishery

* * * * *

(2) * * *

(b) Cumulative trip limits. The

coastwide cumulative trip limit for the

Sebastes complex is 40,000 lb (18,144

kg) per vessel per 2-month period.

Within the cumulative trip limit for the

Sebastes complex, no more than 13,000

lb (5,897 kg) may be yellowtail rockfish

taken and retained north of Cape

Mendocino; no more than 2,000 lb (907

kg) may be bocaccio taken and retained

south of Cape Mendocino; and no more

than 15,000 lb (6,804 kg) may be canary

rockfish.

(c) The 60 percent monthly limits,

which are the maximum amounts that

may be taken and retained, possessed,

or landed in either month in a 2-month

period are: For the Sebastes complex

coastwide, 24,000 lb (10,866 kg); for

yellowtail rockfish, 7,800 lb (3,538 kg)

north of Cape Mendocino; for bocaccio,

1,200 lb (5,443 kg) south of Cape

Mendocino; and for canary rockfish

coastwide, 9,000 lb (4,082 kg).

* * * * *

2. In Section IV., under C. Trip Limits

in the Open Access Fishery, paragraph

1 introductory text, (1)(a), and (1)(b) are

revised; paragraphs (1)(c) through (e)

are added; and (2)(a)(i) and (3) are

revised.

C. Trip Limits in the Open Access

Fishery

* * * * *

(1) Rockfish. Rockfish means all

rockfish as defined at 50 CFR 660.302,

which includes the Sebastes complex,

shortbelly rockfish, widow rockfish,

POP, and thornyheads (longspine and

shortspine). The Sebastes complex

contains all other species of rockfish,

including yellowtail rockfish, bocaccio,

canary rockfish, and black rockfish. The

following limits for rockfish in this

paragraph C. (1) apply to all open access

gear, including exempted trawl gear,

unless otherwise specified.

(a) All rockfish. The trip limit for

rockfish taken with hook-and-line or pot

gear is 10,000 lb (4,536 kg) per vessel

per fishing trip. Rockfish taken under

this trip limit count toward cumulative

trip limits.

(b) Thornyheads.

(i) North of Pt. Conception.

Thornyheads (shortspine and longspine)

may not be taken and retained,

possessed, or landed north of Pt.

Conception, except for a daily trip limit

of 100 lb (45 kg) that applies to vessels

engaged in fishing for pink shrimp.
36614 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

(ii) South of Pt. Conception. The daily

trip limit for thornyheads is 50 lb (23

kg).

(c) Widow rockfish. The cumulative

monthly trip limit for widow rockfish is

3,000 lb (1,361 kg).

(d) POP. The 50 percent monthly limit

for POP is 4,000 lb (1,814 kg).

(e) Sebastes complex. The monthly

cumulative limit for the Sebastes

complex is 33,000 lb (14,969 kg)

coastwide. The individual trip limits for

species in the Sebastes complex in

paragraph C. (d) are counted toward

monthly limits for the Sebastes complex

or rockfish, as applicable, and also

apply to exempted trawl gear.

(i) Yellowtail rockfish. The 50 percent

monthly limit for yellowtail rockfish is

6,500 lb (2,948 kg) north of Cape

Mendocino.

(ii) Bocaccio.

(A) All open access gear except

setnets or trammel nets. For all open

access gear except setnets or trammel

nets, the 50 percent monthly limit for

bocaccio is 1,000 lb (454 kg) south of

Cape Mendocino, of which no more

than 500 lb (227 kg) per trip may be

taken and retained with hook-and-line

or pot gear.

(B) Setnets or trammel nets (legal only

south of 38° N. lat.): For set nets or

trammel nets, the cumulative monthly

trip limit is 2,000 lb (907 kg).

(iii) Canary rockfish. The cumulative

monthly trip limit for canary rockfish is

200 lb (91 kg).

(iv) Black rockfish. The trip limit at 50

CFR 660.323(a)(i) for black rockfish

caught with hook-and-line gear also

applies and is counted toward the

cumulative Sebastes and rockfish limits.

(The black rockfish limit is also stated

in paragraph IV.B.7.)

(2) * * *

(a) * * *

(i) North of 36°00’ N. lat. North of

36°00’ N. lat, the daily trip limit for

sablefish is 300 lb (136 kg), which

counts toward a cumulative trip limit of

1,800 lb (816 kg) per 2-month period.

The 2-month cumulative trip limit may

be taken at any time during the 2-month

period; there is no 60 percent monthly

limit for the open access fishery.

* * * * *

(3) Lingcod.

(a) The monthly cumulative trip limit

for lingcod is 250 lb (113 kg) during July

1998. All lingcod must be longer than

24 inches (61 cm) total length.

(b) Effective August 1, 1998, lingcod

may not be taken and retained,

possessed, or landed by any open access

gear, including exempted trawl gear,

coastwide.

* * * * *

V. Washington Coastal Tribal Fisheries

[Amended]

3. In the second column, the fifth

paragraph from the top is designated as

A. Sablefish; the sixth paragraph from

the top is designated as B. Rockfish and

revised. In the third column, the first

complete paragraph is designated as C.

Whiting; and paragraph D. Lingcod is

added to read as follows:

V. Washington Coastal Tribal Fisheries

* * * * *

B. Rockfish: For the commercial

harvest of black rockfish off Washington

State, an HG of: 20,000 lb (9,072 kg)

north of Cape Alava (48° 09’ 30’’ N. lat.)

and 10,000 lb (4,536 kg) between

Destruction Island (47° 40’ 00’’ N. lat.)

and Leadbetter Point (46° 38’ 10’’ N.

lat.). This 30,000 lb (13.6 mt) is

subtracted from the HG for the northern

Sebastes complex.

(1) Thornyheads taken and retained

with longline gear are subject to a 300

lb (136 kg) trip limit, which is expected

to result in landings of 8,000–10,000 lb

(3–5 mt).

(2) Canary rockfish taken and retained

with longline gear are subject to a 300

lb (136 kg) trip limit, which is expected

to result in landings of 10,000–15,000

lbs (5–7 mt).

(3) Widow rockfish taken and retained

with any gear are subject to a 3,000 lb

(1,361 kg) monthly cumulative limit.

* * * * *

D. Lingcod: Lingcod taken and

retained with any gear are subject to a

300 lb trip limit.

* * * * *

Classification

These actions are authorized by the

regulations implementing the FMP. The

determination to take these actions is

based on the most recent data available.

The aggregate data upon which the

determinations are based are available

for public inspection at the Office of the

Administrator, Northwest Region,

NMFS (see ADDRESSES) during business

hours. Because of the need for

immediate action to implement these

changes at the beginning of the next 2-

month cumulative trip limit period and

because the public had an opportunity

to comment on the action at the June

1998 Council meeting, NMFS has

determined that good cause exists for

this document to be published without

affording a prior opportunity for public

comment or a 30-day delayed

effectiveness period. These actions are

taken under the authority of 50 CFR

660.323(b)(1) and are exempt from

review un der Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 30, 1998.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–17863 Filed 7–1–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 980501115–8160–02; I.D.

032498A]

RIN 0648–AK86

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Compensation for

Collecting Resource Information

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency rule.

SUMMARY: This action, authorized by the

Magnuson-Stevens Conservation and

Management Act (Magnuson-Stevens

Act), implements provisions by which a

vessel owner or operator who has

collected resource information

according to a NMFS-approved protocol

may be compensated with the

opportunity to harvest fish in excess of

current vessel limits and/or outside

other restrictions. This action is

intended to improve the types and

amounts of scientific information

available for use in stock assessments

and management of the Pacific coast

groundfish fishery. This action must be

implemented under the MagnusonStevens Act emergency rulemaking

authority so that NMFS may contract

with commercial fishing vessels to

conduct resource surveys during the

summer of 1998. The Pacific Fishery

Management Council (Council) is

considering an amendment to the

Pacific Coast Groundfish Fishery

Management Plan (PCGFMP) that would

continue this compensation initiative

beyond 1998.

DATES: Effective July 1, 1998 through

January 4, 1999.

ADDRESSES: Send comments to William

Stelle, Jr., Administrator, Northwest

Region, (Regional Administrator) NMFS,

7600 Sand Point Way NE., Seattle, WA

98115; or William T. Hogarth,

Administrator, Southwest Region,

(Regional Administrator) NMFS, 501

West Ocean Blvd., Suite 4200, Long

Beach, CA 90802–4213. Copies of the